Plateq Corp. of North Haven v. Machlett Laboratories, Inc.
Supreme Court of Connecticut
456 A.2d 786 (Conn. 1983)
Plateq Corp. (plaintiff) manufactured specialized steel tanks for Machlett Laboratories (defendant), and on the scheduled delivery date, Machlett's engineer inspected the tanks, noted minor problems, and was told by Plateq that the issues would be fixed and the tanks ready the next day — to which the engineer gave no objection and led Plateq to believe a Machlett truck would arrive to collect them. The next day, however, Machlett sent an unparticularized cancellation notice; because the tanks were specially manufactured and unresellable elsewhere, Plateq sued for the full contract price, the trial court ruled for Plateq, and Machlett appealed.
Whether a buyer accepts goods where its employee inspects the goods, asks the seller to cure a deficiency, and signals to the seller that the buyer will pick up the goods once the deficiency is fixed.